Davies v Stirling [1983] JLR 77 (09 November 1983)

Davies v Stirling [1983] JLR 77 (09 November 1983)

The appeal court will not normally disturb findings of fact by the lower court if the lower court has seen and heard witnesses and evidence adequately supports its findings, even if there was a misdirection on the burden of proof.

Citation
[1983] JLR 77
Parties
Appellant: Davies; Respondent: Stirling
Jurisdiction
Jersey
Judgment Date
09 November 1983
Procedural Posture
Civil Appeal / Appeal
Legal Topics
Appeals, Matters of Fact, Burden of Proof
Civil Procedure Appeals Matters of Fact Burden of Proof

Case Brief

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Parties

Davies

Appellant

Stirling

Respondent

Procedural Posture

Civil Appeal / Appeal

Legal Issues

  1. 1 Whether the appeal court should disturb findings of fact by the lower court when the lower court has seen and heard witnesses and evidence adequately supports its findings, even if there was a misdirection on the burden of proof

Ratio Decidendi

The appeal court will not normally disturb findings of fact by the lower court if the lower court has seen and heard witnesses and evidence adequately supports its findings, even if there was a misdirection on the burden of proof.